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HomeMy WebLinkAboutFCS Agenda - 2022-04-041 KiTc�ivER Finance and Corporate Services Committee Agenda Monday, April 4, 2022, 10:00 a.m. -12:00 p.m. Electronic Meeting Beginning March 1, 2022, the City of Kitchener has aligned with provincial changes to COVID-19 restrictions and City Hall is now open for in person services, but appointments are still being encouraged. The City remains committed to safety of our patrons and staff and continue to facilitate electronic meeting participation for members of the public. Those people interested in participating in this meeting can register to participate electronically by completing the online delegation registration form at www.kitchener.ca/delegation or via email at delegation @kitchener.ca. For those who are interested in accessing the meeting live -stream video it is available at www.kitchener.ca/watchnow. Please refer to the delegations section on the agenda below for registration deadlines. Written comments will be circulated prior to the meeting and will form part of the public record. *Accessible formats and communication supports are available upon request. If you require assistance to take part in a city meeting or event, please call 519-741-2345 or TTY 1-866-969-9994.* Chair: Councillor K. Galloway-Sealock Vice -Chair: Councillor S. Davey Pages 1. Commencement 2. Consent Items The following matters are considered not to require debate and should be approved by one motion in accordance with the recommendation contained in each staff report. A majority vote is required to discuss any report listed as under this section. 2.1. Region of Waterloo Planning and Works Project TeamAppointments, 3 COR -2022-137 3. Delegations Pursuant to Council's Procedural By-law, delegations are permitted to address the Committee for a maximum of five (5) minutes. Delegates must register by 5:00 p.m. on April 1, 2022, in order to participate electronically. 3.1. None at this time. 4. Discussion Items 4.1. Downtown Financial Incentive Program Update: 10M 19 Facade Grant Program, DSD -2022-112 (Staff will provide a 5 -minute presentation on this matter.) 4.2. Love My Business Support Programs, DSD- 15 m 36 2022-150 4.3. Affordable Housing Development Charge (DC) 45 m 45 Waiver Policy, FIN -2022-158 (Staff will provide a 5 -minute presentation on this matter.) 4.4. In -Person and Hybrid Council and Committee 45 m 53 Meetings, COR -2022-154 (Staff will provide a 5 -minute presentation on this matter.) 5. Information Items 5.1. None. 6. Adjournment Daniela Mange Committee Administrator Page 2 of 65 Staff Report I ILrrr � u.�t:I: Corporate Services Department www.kitchener.ca REPORT TO: Finance and Corporate Services Committee DATE OF MEETING: April 4, 2022 SUBMITTED BY: Amanda Fusco, Director of Legislated Services/City Clerk, 519-741- 2200 ext. 7809 PREPARED BY: Amanda Fusco, Director of Legislated Services/City Clerk, 519-741- 2200 ext. 7809 WARD(S) INVOLVED: Ward(s) DATE OF REPORT: March 7, 2022 REPORT NO.: COR -2022-137 SUBJECT: Region of Waterloo Planning & Works Project Team Appointments RECOMMENDATION: That Councillor J. Gazzola be appointed to the Schneider Creek Multi -Use Path — Manitou Drive to Block Line Road Study Team; and further, That Councillor S. Davey be appointed to Separated Cycling Facilities Study (Erb Street, Bridgeport Road) including the Conversion of the Pilot Network. REPORT HIGHLIGHTS: • The purpose of this report is to respond to a request from the Region of Waterloo dated February 15, 2022, regarding TES-2-01/PDL-22-01, 2022 Request for Council Members for Project Teams. • The key finding of this report is to appoint the ward councillors in the respective areas to the regional project teams. • There are no financial implications. • The report supports the delivery of core services. BACKGROUND: Following the Region of Waterloo Council meeting held on February 23, 2022, members of Kitchener Council were invited to participate on study teams associated with various projects lead by the Region relating to the City of Kitchener. REPORT: The Region has requested one local councillor be appointed to each of the following Planning and Works Project Teams: *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 3 of 65 Staff Report Corporate Services Department www.kitchener.ca Ward Impacted Region of Waterloo Planning and Works Project Teams 4 Schneider Creek Multi -Use Path — Manitou Drive to Block Line Road 1 Separated Cycling Facilities Study (Erb Street, Bridgeport Road) including the Conversion of the Pilot Network Past practice at the City of Kitchener has been to provide councillors an opportunity to participate on Regional projects where there is an impact to their specific ward. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: There are no financial implications with respect to the recommendations. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. COLLABORATE — City participation on regional projects supports and promotes a collaborative relationship in the decision-making process. PREVIOUS REPORTS/AUTHORITIES: A similar appointment process to Regional study and project teams occurred in 2021. • COR -21-008 Region of Waterloo Planning and Works Project Team Appointments APPROVED BY: Victoria Raab, General Manager, Corporate Services Department ATTACHMENTS: Attachment A — Region of Waterloo Invitation to Participate Dated February 15, 2022 Page 4 of 65 Attachment A to report COR -2022-137 REGIONAL MUNICIPALITY OF WATERLOO OFFICE OF THE REGIONAL CLERK 150 Frederick Street, 2nd Floor Kitchener ON N2G 4J3 Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4481 ��gCF,PRpSIP ER�www.regionofwaterloo.ca February 15, 2022 Clerk's Office Kitchener City Hall Sent via email Amanda. Fusco(a-)kitchener.ca Dear Clerk's office: Re: TES-22-01/PDL-22-01, 2022 Request for Council Members for Project Teams Please be advised that the Council of the Regional Municipality of Waterloo at their regular meeting held on February 23, 2022, approved the following motion: That the Regional Municipality of Waterloo appoint Regional Councillors to the projects and study teams as requested in Report TES-22-01/PDL-22-01, dated February 8, 2022; And that the Regional Municipality of Waterloo forward the requests for area Councillor representatives on project and study teams to the Area Municipalities. Committee at their meeting held February 8, 20222 appointed Regional Councillors to various Planning and Works project and study teams. The involvement of elected officials has always made a significant and positive impact on the successful completion of these projects and the Regional Municipality of Waterloo would like to extend an invitation for local municipalities to participate. Listed below are the projects associated with your local municipality. Please forward at your earliest convenience the name of the local Councillor interested in participating on the project team(s). 3954914 Page 5 of 65 REGIONAL MUNICIPALITY OF WATERLOO OFFICE OF THE REGIONAL CLERK 150 Frederick Street, 2nd Floor Kitchener ON N2G 4J3 Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4481 ��gCF,PRpSIP ER�www.regionofwaterloo.ca No. Description Area Municipality Suggested Council Representative 1. Schneider Creek Multi -Use Path — Manitou Kitchener M Harris Drive to Block Line Road 1 Local Councillor 10. Separated Cycling Facilities Study (Erb Kitchener, J. Erb Street, Bridgeport Road) including the Waterloo Conversion of the Pilot Network 1 Local Councillor 2022-2024 Please refer to Report TES -22-01 /PDL -22-01, dated February 8, 2022 for a complete list of 2022 Project Teams, enclosed for your information. Regards, Julie Hale Council/Committee Support Specialist cc: Thomas Schmidt, Commissioner, Transportation and Environmental Services Adriana Jenkins, Administrative Assistant, Transportation and Environmental Services Rod Regier, Commissioner, Planning, Development and Legislative Services 3954914 Page 6 of 65 Report: TES -22-01 /PDL -22-01 Region of Waterloo Transportation and Environmental Services Planning, Development and Legislative Services Commissioner's Office To: Committee of the Whole Date: February 8, 2022 Subject: 2022 Request for Council Members for Project Teams 1. Recommendation: That the Regional Municipality of Waterloo appoint Regional Councillors to the projects and study teams as requested in Report TES -22-01 /PDL -22-01, dated February 8, 2022; And that the Regional Municipality of Waterloo forward the requests for area Councillor representatives on project and study teams to the Area Municipalities. 2. Purpose: To select Regional and Area Municipal Councillors for project teams. 3. Strategic Plan: The involvement of Regional Councillors on Regional Project Teams is consistent with the Strategic Focus Area Five: Responsive and Engaging Public Service, which ensures that the Region enhances opportunities for public engagement, input and involvement in Region of Waterloo initiatives. 4. Key Considerations: Those projects and studies which do not already have and would most benefit from political representative(s) are noted in the table below. These are typically projects which may have high public interest and/or significant implications for the Region. In addition to the projects listed below, participation by Councillors on any of the project teams noted in Appendix A is welcomed. After appointing appropriate Regional Councillors to these teams, it is recommended that this list be forwarded to the appropriate Area Municipalities to provide them an opportunity to appoint their Councillors to some of the project teams. No. Description Area Suggested Council Municipality Representative 1. Schneider Creek Multi -Use Path — Manitou Kitchener 1 Regional Councillor Drive to Block Line Road 1 Local Councillor Document Number: 3513255 Page 1 of 12 Page 7 of 65 February 8, 2022 Report: TES-22-01/PDL-22-01 No. Description Area Suggested Council Municipality Representative 2. Erb Street, Menno St. to Westmount Rd. Waterloo 1 Regional Councillor Design 2022 — 2024 1 Local Councillor Construction 2025 3. Maryhill Road, 70m east of Notre Dame Woolwich 1 Local Councillor Ave. to Charles St. W. Design 2022-2023 Construction 2024 4. Airport- Regional Road Network and Woolwich 1 Regional Councillor Airport Access Evaluation EA 1 Local Councillor 5. Road Snow Storage Facility — Site 1 Regional Councillor Selection 6. Water Supply Master Plan 2 Regional councillors 7. Wellesley Water and Wastewater Master Wellesley 1 Regional Councillor Plan Suggest: Joe Nowak 8. Waste Management Working Group Region 4 Regional Councillors Next Collection Contract/Blue Box Kitchener Transition to Producer Responsibility Waterloo Cambridge Township 9. Regional Transportation Master Plan Region 2 regional councillors 2022-2024 10. Separated Cycling Facilities Study (Erb Kitchener, 1 Regional Councillor Street, Bridgeport Road) including the Waterloo Conversion of the Pilot Network 1 Local Councillor 2022-2024 5. Background: Major projects or studies have been directed, for many years, by multi -disciplinary project teams which have usually included one or more Regional or Area Municipal Councillors. 3513255 Page 2 of 12 Page 8 of 65 February 8, 2022 Report: TES-22-01/PDL-22-01 The involvement of elected officials has always made a significant, positive impact on the successful completion of these projects. These committees and project teams are distinct from formal advisory committees of Council (e.g. Active Transportation Advisory Committee). A list of ongoing major projects and studies to be undertaken in 2022, including the current political or stakeholder representatives on each group, is provided in Appendix A. The project timelines noted are based on the 2022 Capital Programs. 6. Area Municipality Communication and Public/Stakeholder Engagement: Area municipal communication and public/stakeholder engagement will be conducted by each of the project teams. 7. Financial Implications The costs for the various projects outlined in Report TES -22-01 /PDL -22-01 are included in Capital Programs or each Division budget. 8. Conclusions / Next Steps: Nil 9. Attachments: Appendix A — Projects with Council Representation Appendix B — Projects not requiring Council Representation at this time Prepared and Approved By: Thomas Schmidt, Commissioner, Transportation and Environmental Services Rod Regier, Commissioner, Planning, Development and Legislative Services 3513255 Page 3 of 12 Page 9 of 65 O N N J r) O N N W F— FQW ry N N O N ME M N LL m � 4) ° 0 70 LD > i L QCL y >' Y 7 c Y Y >' to a L (� N L N CO �--. � L N�y/ -0 _ 0^, O L O U ^ L, ^L^,, O U Y Co N om^'' 0 cu Ids 0 N W J L N 4- N O W O U- Q �_ N � A Y Y -0 O z J � O z 0 N co O CL ^� L O N CQ L L i co N N O ^�, L ^�, W N U_ Y C� H W a) co co 0 W 0 Y=� H� m Q O L (� 0 a ._ co .2 ° a) a) m ca m m M � + ° ZaO a Y co U Y M U co U Y L }, N N }, _ = N N O U � L CL ° N y O N � � I O a o N W 3 E N E O m U o 0) CL = O m a V E N E U = }C CC cn O O N C G i Q V a (D U 0) L C/) C/) E 0 o c m o `S T 1 L QO (D O co _0 + 0) U } co 0co N F— o co C/) �_ N O N co Q ' 0) -0 Q� >> 1 of > m C) N N J r 0 N N Cn W H FQW (1) ry N N 0 N ME M m W > o co co _ L � , (B CQ CQ � �_ a N m LU O cu 0) Cn C%) C%) CU N /" i.i c L W a] Y L J v i1 ��/� C) Q — N O L 1_ O + L a) Y cu C H = Z Y cu cu cn 0 U) cu (n cu 0- cu U) J Q O 0) 0)t L 0) U U U a N UCU O O O cu cu cu O LO -+ 0 LO N O CV � co C9 NO N N O N N O N O N O O N U r_ N co co co LO NO .N O N O N O O N N ❑ I N N N I Otj N N N N O N N O O O W N N O � L co O O a) /N C) O O ( FD LL co a)c M > O 0 > co > J lL O Q co > Y a) O Q a) ai a) O L V N o Cn m w, > O VJ70 LLc _0 VJ ❑ L O O E ,� O 0 U a -0co co c p U -0 O N },0 L O N a) co O co of 5 a) C) = co0 N a) O m �C\JN 0 a)QO C\j co _mNN 2-1 O N � N a) � � W Co LL co O Y Z W co Q LO O a� 0) c� N a O LO a) 0) m a_ 1, O N N J 0 O N N U) LU H irm N� N Q x C N N O N cu N LL 0) > O 70 V u y-+ O L 70 L cu L_ 0 +. cu O 0) 2 a) a) � CL Q E (� cu V J O O �_ �_ cQ N cu 0 cu O a) U Z cu U cu U) O O Y U) U cu 0 cu U) cu cu D O a) Q Q (1) (3) (3) O 70 O 70 O L c.i to C C C L L 0 W yv+ yv+ yv+ cu cu `v Y Y Y U U 0 rn co N N i N N N O CN O C14 7 O m O O N C14 CNJ co O 0 O O U N N C .N M N M N ti N O O O N D O I I p� N N N LO Q CN O N O CN O W N N N T L T� T Y O cu U O O L E o > m O U _0 0 m 0 o cu> 0 0 cu 0 cu U) c m U 0 0 � c CU 0Q p c Z) (n M cu _0 OQ cu L N _ Q O 0 cu a) cu 2 U ~ ON )� .L (n � m L =3 CUI cu O to J OO -0� 0 L to O N Z 0 uj U) C E U to N O > O O U O 0 O 0 70 E c I U cu 0-0 0a) _0 c 0> o> — _ L_ iQ NQ O� �� cu O U O n co a) 6U CU cn w E w N Fn > Cl) -0 L OO >J >� O O ON O O UD 0 O >O O >LL JJ JCn �f� > QN LO 0 N N 0) m N a O O O 0) cu a_ C) N N J O N N W H FQW (1) ry a x C N N O N ME M m LL a) r m m 0 c 0 ca 4-;c (U =3c V N tQ O 70 O CL i 0) 2) CD 2 O J cu �_ N 0 co = m p Y � Y cu + a) 0) N O L L C. ccQ O c C� m Y a_ Y 0 2 C/) U) H a) a) a) a) a) ' -2a) _0a) _0 70 O O a) L 2 a .:3 L L L L Q L L N E EU E E E �' U U Y U U Y U U cu U Y r LO co N N N N N N N V O N O N O N O N O N O NM + O N I I I N NO I N O O O LO O N N LO N N N N N N C N O O O O O O U 0) N C14 (V IT N '0) N O O p O ❑ NO I N I otS N N N p r N `_ N Q W O N N O N O N O N p 70 O L w O O > w } U a) cn O 0 70 cu > 70 N L p = � O .� (n (n m � a) a) U) U } Y c L (n a) > O M mcu O OQ Q C7 U Y cu O C _0 U- = Q Q c J% a) O '++ p +� vi �n m m m >N N V (n U E.2 OU O }U C cu La� ❑ YL > W,, > (n O qcQ a O O C � �c OO � cu C CU O Bu U E C) E U_ 3: p C) CO U 7 a) teLNL -0 + -0 m 0 c m O _0O ^^,, N 2 N _0 Q cu a) L a) O> a) Y w � t� p a) cu U to to a) a) -0 a) O O U } (B a) 0= +� L +, +, cn 0E O O +, +, U U Qa_Q =W Y(n LL () co U) >IL> C) N N J O N N W H FQW a x C N N O N ME M N LL. m > co m E �, >' cU Y ccai N � � O (n 0 cu p O = m O O— > m � O U a Q cu CU U (� cB (n U- m ^, (� U ❑ � N (n 0 700L W w �' C (B c L >+ C cu O > C > O O O N U cu cu p cII H Y U) U) m (n H Y (n U) (n D H D L 'V L N O O L N p O L N L N L N p O L N }, cu c r N c7 N In co Ln co N N N N N N N N O O O O O O O M I I I I I C14 C) I C14O N O O O It Ln N co N 0 O O O O O O O O U N N N N N N N N N N N N .N O O co N O N O N ❑ N No O I I Otj N N N N Q O O N O N O LV N N O _0 p L N ,_ O _0 O cu U >N cu O O O 0O O L ti 00 _0 0) E 0)U cu _ CD LU 0) m70 pC 0) U +. p N c M + N U L O C p L U . 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L3 o O o • Y 70 .Q c c � L L U " O O o � a, 70 � a, 7 � n +_ o O 0 � O o � L c� V�J a, � U-0 M W E O O � L c V�J Y o Q Y Y U O Vi O N O N ~ N O N O c,4NI O N O +N O O N m N O N m N N 00 N N N NN OO N N NO N o CV co N N LO N ONNN N ++ U N O N O14 O N I N p N N N O NCq O N N ON 4 N O IL N O O N O O N O N O N N O N cV o N 0) O N N O � N O N t �+ M r O Z+ a a) a 'y 4 cl N O N I N ON N O N N O N c7 N O N � O N (D N O N Cl) O N Ln N O N N O N LO N O N c'7 O N N O N O O N C7 N O N O N N a) L CL i (� C O U m U) (n >a) Q co W c 70 co O O o c Q a) E cm •� s cu O > \ •� m M W' U a) Q cn CO W � LD) ^� ✓ � I••I••I Q <n LUm C6 U m L CL o cn Q _0 M m° > O m0 L cu +' VJ 2 Y fn X 0� O cn 0 O �' N L —^ ^W^, OU 0 m Q m C/)_ Q a) E O f2 +� V J L U > (n ^ W U to N > O C/)to Y O (n W o Q E O Z L LL Q W a) c m 6) E o m Q a) Q) L H O cu O Y U 0) a) E a) N M a) Z m a) 0 a) voi Cm a) (n Lu m + a) L -i Q o 0) cu — U) a) C 2i= 0--6 a) a) 0 o m L O (n F o m Q LU U) U Z J-- C/) —_ Co o W N vii Q 0 � ±--Q m —_^' W Y N fn v} C co Q W m L U L3 C) N N J O N N W H FQW (1) ry m K C N N O N ME M m LL a L U a) _0 Q O E_ 70 -0 m U Y �j ti co LO co cD N N N N N O O O O O N N N N N IT — O N IT N N N N N O O O O O N N N N N CO — co N N N N O O O O N N N N O O) O N N � N N O O O O N N (14 N N m U C a) E m � O) Q a) cu cu W W_ (ni cu ^ n, ry Z + A �L♦ U �i s-e� 0) rt�S( L a) w r /^cu O) L 0 NE cu 0)_0 (II Q M < coV J a) O 0 H Z � � cu m O cu :E m C7 w (D :u = LO O co a) 0) N m a O N m 0) m a_ Staff Report r NJ :R Development Services Department www.kitchener.ca REPORT TO: Finance and Corporate Services Committee DATE OF MEETING: April 4, 2022 SUBMITTED BY: Cory Bluhm, Executive Director, ext. 7065 PREPARED BY: Darren Becks, Manager of Downtown Development & Innovation, ext. 7064 Victoria Filippelli, Downtown Development Assistant, ext.7197 WARD(S) INVOLVED: 9 & 10 DATE OF REPORT: March 16, 2022 REPORT NO.: DSD -2022-112 SUBJECT: Downtown Financial Incentive Program Update: Fagade Grant Program RECOMMENDATION: That the Fagade Grant Program be reinstated, with the City accepting applications until December 31, 2027, in accordance with the Downtown Community Improvement Plan; That Council Policy FIN -GRA -535 be repealed and replaced with the revised Council Policy FIN -GRA -535 as attached to report DSD -2022-112, to the satisfaction of the City Solicitor and Clerk. Further, that staff be directed to consider businesses that have made inquires and registered interest in a fagade grant, during the period of January 1, 2021 to the date of approval of this report by Council, as eligible for the Fagade Grant program in accordance with report DSD -2022-112. REPORT HIGHLIGHTS: • The purpose of this report is to recommend Council repeal and replace the expired Council Policy FIN -GRA -535 in order to extend the Fagade Grant Program while not extending the Startup Landing Pad Grant. • The financial implications will align with the current budget allocations from the Capital Budget. • Community engagement included the Downtown Action & Advisory Committee and the Economic Development Advisory Committee. • This report supports A Vibrant Economy. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 19 of 65 BACKGROUND: The Fagade Grant Program commenced in 2009, as part of the Downtown Community Improvement Plan (CIP). Under this program the City offers matching grants of up to $10,000 per storefront to support exterior fagade improvements including signage. Since the program began, the City has provided aid for over 90 storefronts within the CIP boundary. Since the onset of the COVID-19 pandemic, the need to support small businesses and main street upgrades is essential to advancing economic recovery in Downtown Kitchener. REPORT: It is standard practice that all financial incentive programs establish sunset clauses, requiring City Council to repeal, amend, or extend the program, typically on a 5 -year basis. The current Fagade Improvement Grant Program expired on December 31, 2020. Staff took 2021 to conduct research including a fagade audit of downtown businesses. Staff's assessment indicates that over 40 storefronts could benefit from substantial fagade and/or signage enhancements. At the time of writing, 12 businesses have inquired about the program since its expiration and have been placed on a waitlist pending Council's review. Many of these businesses have stated the need for financial support due to the COVID-19 pandemic and see an exterior fagade renewal as a part of their post pandemic recovery. Benefits of the Fagade Improvement Grant Program 1. Overall Aesthetic & Design Improvements All applications are vetted by staff using the King Street Fagade Guidelines. This ensures that every project is aesthetically pleasing, consistent with adjacent storefronts, and is respectful of any architectural or historic features. When the overall design quality of an area is enhanced (particularly in a downtown core), the net results include increased community pride, an enhanced visitor experience, positive perceptions of safety, increased interest for redevelopment/commercial investment, improved accessibility, and elevated attractiveness for future residents and commercial tenants. As part of this proposed program extension, staff are recommending additional language to address exterior barrier free upgrades within the municipal right-of-way (such as ramps) to assist with the accessibility needs of the community. Without this program, the City would have little opportunity to encourage these upgrades and enhancements. 2. Retail Attraction & Retention The COVID-19 pandemic has added additional stresses to the downtown community. Staff's recent audit of vacant storefronts within the King Street corridor confirms that the open store front rate consistently hovers around 10-12%. The facade incentive program can be an additional enticement for a business owner considering relocating to, or opening a new business, in Downtown Kitchener. Businesses have noted that the rising material costs can be a financial barrier to upgrading their fagade or signage. Page 20 of 65 3. Support Streetscape Enhancements Aligning with Make It Kitchener 2.0 vision to support economic recovery by ensuring commercial, main street, and downtown areas remain vibrant, the Fagade Grant Program is an effective tool to encourage businesses to occupy vacant buildings along streetscapes recently enhanced by the City, such as through the recent Queen Street Placemaking improvements. Acceptance of Applications Since the passing of the Fagade Grant Program submission deadline, numerous businesses have inquired about accessing this program should it return. Should Council approve this report, City staff would consider businesses who have expressed interest since the program went dormant, provided any improvements have not been substantially completed to date and the proposed improvements meet all of the criteria of the program. In assessing applications, staff will continue to prioritize those applications which demonstrate the highest need for funding support and deliver high quality improvements. Additional Consideration #1 — Upper Storey Renovation Program As part of the Downtown Community Improvement Plan, the City has historically offered a variety of programs. Until 2014, the City provided loans and grants to support the conversion of vacant upper floor space to residential units. In 2014, this program went dormant with applications no longer being received and funding no longer allocated to support it. This program was initially introduced in response to a proliferation of upper storey space that was unused and left to deteriorate by a building owner. Today, the majority of upper storey space in the Downtown has either been upgraded or is currently well utilized. Very little space remains vacant and/or in poor condition. Despite the program being dormant, Council Policies associated with this program were never deleted from Council Policy FIN -GRA -535. As staff are not recommending reopening this program, it is prudent to remove these policies. In the future, should Council wish to restart the program, these policies could be reintroduced at that time. Additional Consideration #2 – Startup Landing Pad Grant Program The submission period for the Startup Landing Pad Grant Program has also passed and staff are no longer accepting new applications. This program has supported the conversion of vacant upper floor space to office space intended for new, emerging and growing companies. The submission date for this program has since passed and staff are no longer accepting new applications. Due to the uncertainty of the post COVID-19 pandemic office environment, the shift towards hybrid and virtual work, and the current availability of traditional office space, there is limited rationale for the City to incentivize the creation of new office space. As such, staff are not recommending an extension to this program. Council could choose to restart the program at a future date subject to the identification of a funding source. Page 21 of 65 Policy Implications The proposed changes to Council Policy FIN -GRA -535 do not eliminate any programs from the Downtown CIP or modify the CIP in any way. They simply remain inactive. As such, Council can restart either of the above noted programs without requiring Provincial approvals. Conclusion Small businesses are the foundation of our city - they create jobs, drive our economy and breathe life into the streets and neighbourhoods. Small businesses have consistently identified the need for supports as they adapt to the post -pandemic worlds. Continuing the Facade Grant Program is one tool the City can utilize to support impacted businesses while acting as an incentive in attracting new businesses to the Downtown. STRATEGIC PLAN ALIGNMENT: This report supports A Vibrant Economy. This report also supports the City's Economic Recovery Framework associated with Make it Kitchener 2.0. FINANCIAL IMPLICATIONS: No new funding is required beyond what is currently allocated in the 10 -year Capital Budget forecast. Applications are approved base on the availability of funding. In the 2022 Capital Budget, approximately $45,000.00 has been allocated to downtown financial incentives. In 2023 there is approximately $55,000 allocated to downtown financial incentives. The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: Downtown Action & Advisory Committee: The advisory committee was informed by staff via a presentation on October 28, 2021 of the purpose of the CIP and the financial incentive programs. The Committee was generally supportive of the proposed changes. On March 24, 2021 the Downtown Action & Advisory Committee will receive an update on the proposed policy. Economic Development Advisory Committee: The advisory committee was informed that staff would be seeking Council's approval for an extension of the Facade Grant Program. EDAC deferred comment to DAAC and requested an update once Council has determined next steps. PREVIOUS REPORTS/AUTHORITIES: • CAO -18-001 Downtown Financial Incentive Update: Fagade Grant Program • Council Policy FIN -GRA -535 Combined Fagade/ Interior Loan/ Upper Storey Renovation Program • City of Kitchener, Downtown Kitchener, Community Improvement Plan Page 22 of 65 APPROVED BY: Justin Readman, General Manager ATTACHMENTS: Attachment A — Proposed Council Policy FIN -GRA -535 Attachment B — Current Policy FIN -GRA -535 Page 23 of 65 1 POLICY Policy No: FIN -GRA -535 Policy Title: Downtown Facade Approval Date: Click here to enter a Improvement Grant date. Program Reviewed Date: Click here to enter text. Policy Type: COUNCIL Next Review Date::,lick here to enter tayt Category: Finance Reviewed Date: ;lick here to enter text. Sub -Category: Grants, Rebates & Incentives Last Amended: ;lick hereto enter a Author: Manager of Downtown date. Development &Innovation Replaces: FIN -GRA -535 Dept/Div: Development Services \ Repealed: Click here to enter a date. Economic Development Division Replaced by: Click here to enter text. Related Policies, Procedures and/or Guidelines: Downtown Community Improvement Plan Downtown Kitchener Community Improvement Area Ontario Building and Fire Codes City of Kitchener Zoning Bylaws 1. POLICY PURPOSE: To promote economic development and to support businesses and property owners with the financing of fagade improvements in the Downtown Community Improvement Area (CIP). The policies identified below are in addition to those prescribed in the Downtown Community Improvement Plan. 2. DEFINITIONS: 1 of 5 Page 24 of 65 Policy No: Policy Title: "Community Improvement Plan" or "CIP" means the City of Kitchener Downtown Community Improvement Plan made pursuant to section 28 of the Planning Act, adopted by Council on January 20, 1997, and approved by the Ministry of Municipal Affairs and Housing on April 2, 1997, as last amended on March 31, 2014. "Community Improvement Plan Area" means the geographic area within which financial incentives can be provided, as shown in Schedule `B' of the Downtown Community Improvement Plan. "Council" means the City of Kitchener Council. "Executive Director" means the Executive Director of Economic Development, their successors in title, or their approved delegate. "Facade" means the face of a building, especially the principal front that looks onto a street or open space. For the purpose of the Fagade Grant Program, it is limited to those street fronting building faces which directly abut a public roadway or publicly accessible space and excludes parking lots. "Facade Improvement Program" means the Fagade Improvement Grant Program as set out in section 9.4 of the CIP. 3. SCOPE: 2 of 5 Page 25 of 65 POLICY APPLIES TO THE FOLLOWING: ❑ All Employees ❑ All Full -Time Employees ❑ All Union ❑x Management ❑ C.U.P.E. 68 Civic ❑ Non Union ❑ C.U.P.E. 68 Mechanics ❑ Temporary ❑ C.U.P.E. 791 ❑ Student ❑ I.B.E.W.636 ❑ Part -Time Employees ❑ K.P.F.F.A. ❑x Specified Positions only: Development Services Employees, Financial Services Employees ❑x Other: Community Business Owners and Tenants ❑x Council ❑x Local Boards & Advisory Committees 2 of 5 Page 25 of 65 Policy No: Policy Title: 4. POLICY CONTENT: 5 4.1 General Whereas section 9.4 of the Downtown Community Improvement Plan outlines the Facade Improvement Grant Program, as approved by the Ministry of Municipal Affairs and Housing, the following additional policies also apply. Those policies listed herein are not subject to Ministry approval, and may be modified from time to time through Council resolution: 4.2 Allocation of Funding As enabled through policy 9.4.D.2 and 9.4.D.3 of the Downtown Community Improvement Plan: a. Annual funding will be determined through the City's capital budget, as identified in, but not limited to, the `Downtown Financial Incentives' line item, with any unallocated funds transferred to the subsequent year. b. For each year of available funding, preference for financial assistance will be given to vacant buildings fronting King Street East and King Street West. 4.3 Submission Requirements As enabled thorough policy 9.4.F.1 of the Downtown Community Improvement Plan: A complete application shall consist of • Application form filled out in its entirety; • 2 written estimates from a qualified architect or contractor • 2 copies of the conceptual elevation plan, identifying dimensions, materials and colours of the entire street -oriented fagade; • 2 copies of the proposed sign plans, identifying dimensions, materials and colours; • If applicable, tenant must provide written authorization from registered property owner; and, • For the subject property, upon application, an owner must provide details of funding from any other government sources. 3 of Page 26 of 65 5 Policy No: Policy Title: 4.4 Review of Applications All applications will be reviewed by all applicable staff including representation from Economic Development and Building. Other departments may be required to comment depending on unique circumstances as they arise, such as Planning, Heritage Planning, Legal and Finance. The Executive Director of Economic Development will have final approval and refusal of all grants and will be authorized to execute each agreement upon approval. 4.5 Interpretations a) Pursuant to section 9.4.B, free-standing ground mounted signs, not attached to the facade, do not qualify as eligible works; b) Pursuant to section 9.4.B, street fronting facades do not include facades which are separated from the street line by a surface parking lot or vacant lot. Facades which are separated from the street line by a City park or urban plaza would be considered street fronting facades; c) Pursuant to section 9.4.D.4, entranceways to office or residential buildings are only eligible if the majority of the ground floor of the building has commercial uses (either existing, planned or currently vacant). For the purpose of this program, office is not considered a commercial use. d) Pursuant to section 9.4.E.1, a building with multiple storefronts may include those buildings where the width of an individual storefront is, in the opinion of the Executive Director of Economic Development, more than double the width of an average storefront, or where an individual storefront currently occupies what had historically been two or more storefronts. e) Pursuant to section 9.4.B, where an application proposes permanent exterior improvements to enhance barrierfree accessibility (such as ramping, etc.), said improvements may be considered eligible even when said improvements would occur within the municipal right-of-way. 4.6 Termination of Program This program, unless otherwise extended by City of Kitchener Council, will expire on December 31 st, 2027. Any application received after this date will not be considered. 4 of Page 27 of 65 Policy No: Policy Title: 5. HISTORY OF POLICY CHANGES Administrative Updates 2016-06-01 - Policy 1-535 template re -formatted to new numbering system and given number FIN -GRA -535. 2018-05-10 - Minor changes relating to corporate reorganization April 2018. Formal Amendments 2009-01-12 - As per Council resolution, see report CAO -08-041 2009-04-27 - As per Council resolution, see report CAO -09-020 2010-04-19 - As per Council resolution, see report CAO -10-004 2014-02-10 - As per Council resolution, see report CAO -14-009 2018-03-19 - As per Council resolution, see report CAO -18-001. 5 of 5 Page 28 of 65 Attachment B a I��r�R POLICY Policy. No. FIN -GRA -535 Policy Title: COMBINED Approval Date: November 7, 2005 FACADE/INTERIOR LOAN/UPPER STOREY Reviewed Date: July 2016 RENOVATION PROGRAM Next Review Date: July 2021 Policy Type: COUNCIL Reviewed Date: Last Amended: March 19, 2018 Category: Finance Sub -Category: Grants, Rebates & Incentives Repealed: Author: Manager of Downtown Community Development Replaced by: Dept/Div: Development Services \ Economic Development Division Related Policies, Procedures and/or Guidelines: Downtown Community Improvement Plan Fagade Improvement Grant Program - Ministry of Municipal Affairs and Housing Downtown Kitchener Community Improvement Project Area Ontario Building and Fire Codes City of Kitchener Zoning By-law 85-1 1. POLICY PURPOSE: To promote Downtown economic sustainability through residential intensification, developing upper storey underused space and the exterior fagade or interior of Downtown commercial/mixed use buildings. 2. DEFINITIONS: To be included at next review. 1 of 7 Page 29 of 65 Policy No: FIN -GRA -535 Policy Title: COMBINED FAQADE/INTERIOR LOAN - UPPER STOREY RENOVATIOI PROGRAM 3. SCOPE: To be included at next review. 4. POLICY CONTENT: 4.1 General Policies shaded 1.1 The Upper Storey Renovation Program and the Fagade/Interior in yellow Improvement Loan Program funding are combined. are proposed to be deleted 1.2 An applicant can apply for either or both programs, as well as other available incentives, but the total value of all forgivable loans/rebates under the City's Downtown Financial Incentives Program shall not exceed the cost of rehabilitating the lands and buildings. 1.3 All applications for assistance are subject to availability of funding. 1.4 For each year of available funding, preference for financial assistance will be given to vacant buildings fronting King Street. 1.5 All applications will be reviewed by a staff committee including representation from Downtown Development, Finance, Legal and Building. Other departments may be required to comment depending on unique circumstances as they arise. 1.6 The Executive Director of Economic Development will have final approval and refusal of all loans and will be authorized to execute each agreement upon approval. 2of7 Page 30 of 65 POLICY APPLIES TO THE FOLLOWING: ❑ All Employees ❑ All Full -Time Employees ❑ All Union ❑ Management ❑ C.U.P.E. 68 Civic ❑ Non Union ❑ C.U.P.E. 68 Mechanics ❑ Temporary ❑ C.U.P.E. 791 ❑ Student ❑ I.13.E.W.636 ❑ Part -Time Employees ❑ K. P. F. F.A. ❑ Specified Positions only: ❑ Other: ❑ Council ❑ Local Boards & Advisory Committees To be included at next review. 4. POLICY CONTENT: 4.1 General Policies shaded 1.1 The Upper Storey Renovation Program and the Fagade/Interior in yellow Improvement Loan Program funding are combined. are proposed to be deleted 1.2 An applicant can apply for either or both programs, as well as other available incentives, but the total value of all forgivable loans/rebates under the City's Downtown Financial Incentives Program shall not exceed the cost of rehabilitating the lands and buildings. 1.3 All applications for assistance are subject to availability of funding. 1.4 For each year of available funding, preference for financial assistance will be given to vacant buildings fronting King Street. 1.5 All applications will be reviewed by a staff committee including representation from Downtown Development, Finance, Legal and Building. Other departments may be required to comment depending on unique circumstances as they arise. 1.6 The Executive Director of Economic Development will have final approval and refusal of all loans and will be authorized to execute each agreement upon approval. 2of7 Page 30 of 65 Policy No: FIN -GRA -535 Policy Title: COMBINED FAQADE/INTERIOR LOAN - UPPER STOREY RENOVATIOI PROGRAM 1.7 Financial assistance for the Fagade/Interior Improvement Incentive Program approved and issued prior to June 1, 2005 are not covered under this policy. 1.8 The combined program will terminate on December 31, 2009 unless Council approves an extension to the program. 1.9 For the subject property, an owner must provide, upon application, details of funding from any other government sources. 1.10 In order to be considered, all applications must be fully completed and all required supporting documentation must be provided. 4.2 Upper Storey Renovation Program 2.1 Eligibility 2.1.1 Any registered owner of a property within the "Downtown Kitchener Community Improvement Project Area" may apply for assistance under the Program. 2.1.2 Eligible projects have vacant or underused space which is situated above commercial use space. 2.1.3 The proposed project's total cost must be greater than $40,000 and create new self contained apartment style residential units with a minimum of 650 square feet in size per unit. 2.1.4 The proposed project consists of building renovation which, upon successful completion, results in an increase in both the property's assessment and taxes. 2.1.5 Applicants must have credit in good standing, be current with municipal taxes and utility accounts and not be in conflict or involved in litigation with the City of Kitchener. 2.1.6 All proposed improvements shall be made pursuant to an issued Building permit and constructed in accordance with the Ontario Building and Fire Codes, all applicable Zoning requirements and comply with all outstanding Orders issued against the property and any other applicable requirements pursuant to the renting of the units in Ontario. 3 of 7 Page 31 of 65 Policy No: FIN -GRA -535 Policy Title: COMBINED FAQADE/INTERIOR LOAN - UPPER STOREY RENOVATIOI PROGRAM 2.1.7 Upgrading existing substandard residential units may be considered where the proponent demonstrates a major upgrading with high quality materials and design. 2.1.8 Application approval is required prior to commencement of work proposed in the application. This work does not include demolition, boarding or other temporary preparation work. 2.1.9 All applicants must provide documentation from their financial institution for substantiation of total debt service capacity. 2.2 Financial Assistance 2.2.1 The City of Kitchener will provide financial assistance for the building renovation/upgrade/conversion up to $100,000 per municipal address based on 50% of project renovation cost. 50% of the financial assistance will be in the form of a grant given as a forgivable loan and 50% will be a loan. 2.2.2 Over the life of the program, the maximum financial assistance for any one owner is $100,000. 2.2.3 Eligible costs will be cost of materials, equipment and contracted labor based on two quotations. Labor provided by the applicant will not be considered eligible expenses. Professional fees including architects, designers, accountants, engineers and lawyers which relate to the eligible improvements will be considered an eligible expense. 2.2.4 For loans approved in 2005 and 2006, the interest rate will be 0%. Interest rates for the remainder of the life of the program will be Bank of Canada prime plus 0.5%, subject to staff review and Council approval. 2.2.5 The loan will have a maximum 10 year repayment period. 2.2.6 The loan and forgivable loan portion of the funding will be advanced in three stages: 10% on approval of the application, 80% at substantial completion and the final 10% after the 45 day lien period has expired, pursuant to the construction lien act. 2.2.7 Copies of actual invoices and proof of payment must be submitted by the applicant prior to final payment. 4of7 Page 32 of 65 Policy No: FIN -GRA -535 Policy Title: COMBINED FAQADE/INTERIOR LOAN - UPPER STOREY RENOVATIOI PROGRAM 2.2.8 The forgivable loan will be amortized over the loan repayment period. 2.2.9 Successful applicants will be required to enter into an Agreement with the City of Kitchener and loans will be secured through the registration of a lien on title to the subject property for the total amount of the loan. To ensure repayment of the loan, the City reserves the right to evaluate the applicant's equity and ability to repay the loan. 2.2. 10 If the property is to be sold prior to the repayment of the loan or prior to the forgivable loan being written off, the outstanding loan balance and/or the outstanding forgivable loan on the books will become due and payable in full upon closing. 2.2.11 The outstanding loan balance can be paid off in full at any time during the term of the loan. The outstanding forgivable loan will continue to remain on the books and be amortized during the remaining term of the loan. 4.3 Fagade Improvement Grant Program Section 4.3 is Whereas section 9.4 of the Downtown Community Improvement Plan outlines the proposed to be Fagade Improvement Grant Program, as approved by the Ministry of Municipal ammended as shown in Affairs and Housing, the following additional policies also apply. Those policies Attachment A listed herein are not subject to Ministry approval, and may be modified from time to time through Council resolution: 4.3.1 Allocation of Funding As enabled through policy 9.4.D.2 and 9.4.D.3 of the Downtown Community Improvement Plan: a. Annual funding will be determined through the City's capital budget, as identified in, but not limited to, the `Downtown Financial Incentives' line item, with any unallocated funds transferred to the subsequent year. b. A minimum of 70% of available annual funding will be allocated to properties that front onto King Street. c. A maximum of 30% of available annual funding will be allocated to properties that do not front onto King Street. 4.3.2 Termination of Program 5 of 7 Page 33 of 65 Policy No: FIN -GRA -535 Policy Title: COMBINED FAQADE/INTERIOR LOAN - UPPER STOREY RENOVATIOI PROGRAM As enabled through policy 9.4.E.9 of the Downtown Community Improvement Plan: a) This program, unless otherwise extended by City of Kitchener Council, will expire December 31St, 2017 to December 31, 2020. 4.3.3 Submission Requirements As enabled thorough policy 9.4.F.1 of the Downtown Community Improvement Plan: A complete application shall consist of: • Application form filled out in its entirety; • 2 written estimates from a qualified architect or contractor • 2 copies of the conceptual elevation plan, identifying dimensions, materials and colours of the entire street -oriented fagade; • 2 copies of the proposed sign plans, identifying dimensions, materials and colours; and, • If applicable, tenant must provide written authorization from registered property owner. 4.3.4 Downtown Financial Incentives Review Team The Downtown Financial Incentives Review team shall be comprised of the following: • at least 1 staff member of the City's Economic Development Division • at least 1 staff member of the City's Planning Division • at least 1 staff member of the City's Building Division • at least 1 staff member of the City's Financial Services Department • Legal, Heritage Planning, and Urban Design staff as necessary. 4.3.5 Interpretations a) Under section 9.4.13, free-standing ground mounted signs, not attached to the fagade, do not qualify as eligible works; b) Under section 9.4.13, street fronting facades do not include facades which are separated from the street line by a surface parking lot or vacant lot. Facades which are separated from the street line by a City park or urban plaza would be considered street fronting facades. 6 of 7 Page 34 of 65 Policy No: FIN -GRA -535 Policy Title: COMBINED FAQADE/INTERIOR LOAN - UPPER STOREY RENOVATIOI PROGRAM C) Under section 9.4.D.4, entranceways to office or residential buildings are only eligible if the majority of the ground floor of the building has commercial uses (either existing, planned or currently vacant). For the purpose of this program, office is not considered a commercial use. d) Program Assistance and Requirements, a building with multiple storefronts may include those buildings where the width of an individual storefront is, in the opinion of the Downtown Financial Incentives Review Team, more than double the width of an average storefront, or where an individual storefront currently occupies what had historically been two or more storefronts. 5. HISTORY OF POLICY CHANGES Administrative Updates 2016-06-01 - Policy 1-535 template re -formatted to new numbering system and given number FIN -GRA -535. 2018-05-10 - Minor changes relating to corporate reorganization April 2018. Formal Amendments 2009-01-12 - As per Council resolution, see report CAO -08-041 2009-04-27 - As per Council resolution, see report CAO -09-020 2010-04-19 - As per Council resolution, see report CAO -10-004 2014-02-10 - As per Council resolution, see report CAO -14-009 2018-03-19 - As per Council resolution, see report CAO -18-001. 7 of 7 Page 35 of 65 Staff Report r NJ :R Development Services Department www.kitchener.ca REPORT TO: Finance and Corporate Services Committee DATE OF MEETING: April 4, 2022 SUBMITTED BY: Cory Bluhm, Executive Director, Economic Development, 519-741- 2200 ext. 7065 PREPARED BY: Jordan Dolson, Marketing & Program Coordinator, Love My Business, 519-577-0680 WARD(S) INVOLVED: All DATE OF REPORT: March 17, 2022 REPORT NO.: DSD -2022-150 SUBJECT: Love My Business Support Programs RECOMMENDATION: That the proposed programs for the Love My Business initiative, as outlined in report DSD -2022-150, be endorsed. And further, that City staff be directed to implement additional direct assistance programs where deemed permissible by the Ontario Municipal Act, as generally outlined in report DSD -2022-150 REPORT HIGHLIGHTS: • The purpose of this report is to seek Council support to administer $100,000 in Love My Business marketing support programs from the Economic Development Investment Fund 2.0. • The key finding of this report is that the Love My Business program will have an intake period of May 1, 2022, to October 31, 2022, and will aim to assist businesses who were impacted by COVID capacity restrictions in areas of suburban Kitchener. • The financial implications are that the City will spend $100,000 as previously approved by Council as part of the Make it Kitchener 2.0 Economic Recovery Framework on April 19, 2021. • Community engagement included consultation with businesses in January and February of 2022. • This report supports A Vibrant Economy. BACKGROUND: In 2021, City Council approved an Economic Recovery Framework and allocated up to $5 million to support a series of business recovery efforts. Unleashing community spirit and *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 36 of 65 spending power is a key goal within the framework. Subsequently, City Council approved the creation of a Love My Business program to support suburban business areas. In late 2021, the City was successful in securing funding to offer the My Main Street Ambassador program to support urban main street businesses. The Love My Business program has been designed to support those commercial businesses who are outside of the main street business areas. The implementation of the Love My Business program supports local businesses seeking to re-engage with their customers and attract new ones. Where appropriate, it also leverages the City's broad audience reach. REPORT: The Love My Business program aims to inspire residents to spend their money in their communities, in this case, suburban areas of Kitchener. Instead of a broad based "buy - local" campaign, this program will support grassroot connections between local businesses and their surrounding neighbourhood residents, while facilitating collaboration among businesses. During the months of January and February 2022, the Love My Business Marketing & Program Coordinator consulted with 20 businesses from across affected industry groups (retail, restaurant, entertainment, fitness, and beauty). Staff focused on businesses that primarily rely on in-person services and have been heavily affected by Covid-19 restrictions over the past 2 years. In general, the feedback staff received included: • Interest in collaborating with other businesses; • Interest in social media training and content strategies; • Interest in giving back to their communities through sponsorship opportunities and fundraising efforts; • Interest in growing their exposure across the Waterloo Region area; and, • Interest in events and community collaborations. After consultation, the following support programs are being recommended to Council: 1. Community Event Funding Businesses that partner with another Kitchener business to host a community event will be eligible to have up to $1,000 worth of event expenses covered. Examples of the types of events and experiences staff would anticipate include: • Pop up artisan or food markets; • Family activities and/or performers; • Live music or entertainment for celebrations such as a business anniversary or holiday event; and, • Workshop or educational event. Community events are opportunities to heighten connections in neighbourhoods, while also increasing foot traffic and exposure of participating businesses. Where possible, the City will utilize existing special event equipment to support these events. Likewise, where Page 37 of 65 appropriate, staff will look for opportunities for such events to integrate with Love My Hood events and programs. The intake period will be May 1, 2022, to October 31, 2022. 2. Marketing Collaboration Funding Sharing business stories that build emotional connections with the wider community will inspire residents to support businesses in their neighbourhoods. Businesses will have the opportunity to collaborate on marketing opportunities that suit their specific interests. Examples of collaborative marketing methods staff would anticipate include: • Developing a direct mail campaign to feature multiple businesses • Hiring a social media influencer or content creator to develop a series of stories of multiple businesses within an area • Developing advertorials or sponsored news content for online or in - print publications that include stories on multiple businesses This funding dedicates up to $500 per business toward a marketing collaboration. In order to receive funding for a marketing collaboration, at least three businesses will need to work together. Program details for programs #1 and #2 as listed above, as well as eligibility requirements, are outlined in Appendix A. 3. Digital Content Support Businesses can book a one-on-one consultation with the Love My Business Marketing and Program Coordinator to assist with digital content creation. This may include batch producing photos and video content for social media, creating Instagram Reels, getting started with TikTok, and automating scheduled content. This form of programing is not dissimilar from those commonly offered by the Small Business Centre but would be specifically targeted to bricks and mortar businesses. Future Program Considerations Should interest in the above noted three programs not exhaust all of the funding, staff will consider additional programs. This could include, for example, direct grants to businesses to support recovery where deemed permissible by the Ontario Municipal Act and within staff's delegated authority to administer. Should future programs require legislative approvals, such as a new Community Improvement Plan, staff will return to Council for future consideration. Integration with Love My Hood As the Love My Business Marketing and Program Coordinator continues to engage local businesses, they will also look for opportunities to encourage businesses to engage with applicable programs of Love My Hood. This could include, for example, opportunities to apply for additional funding through the LoveMyHood Matching Grant to support neighbourhood -based placemaking and community events. Page 38 of 65 STRATEGIC PLAN ALIGNMENT: This report supports A Vibrant Economy. FINANCIAL IMPLICATIONS: Capital Budget — Funding for the Love My Business Program was previously allocated from the City's Economic Development Investment Fund 2.0, as part of the City's $5 million commitment to support economic recovery. It is anticipated that up to $100,000 in supports would be distributed between the three programs identified in this report. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. CONSULT — In early 2022, 20 businesses were consulted with including restaurants, cafes, retail businesses, gyms, hair salons, a brewery, a barber shop, and a nail salon. It is intended that the Love My Business Marketing and Program Coordinator will continue to engage with businesses directly to let them know about program opportunities. This engagement will happen in-person and electronically. COLLABORATE — As the economy opens up and the weather gets nicer, staff also plan to host in-person networking events with the Love My Business community to facilitate collaboration and peer to peer learning. PREVIOUS REPORTS/AUTHORITIES: • DSD -2021-43 Kitchener's Economic Recovery Framework APPROVED BY: Justin Readman, General Manager of Development Services Appendix A: Love My Business — Program Overview Page 39 of 65 Appendix A City of KITCHENER Love My Business PROGRAM OVERVIEW 1. Introduction The City of Kitchener has launched the Love My Business program to support suburban businesses re-engage their customers (and attract new ones) by supporting collaborative marketing initiatives and providing access to business support services. This program was developed to assist businesses that were deeply affected by COVID-19 restrictions. With the ultimate source of economic recovery lying in the spending potential of our residents, the Love My Business program focuses on building community and engaging customers through marketing collaborations. 2. Love My Business Area The Love My Business program intends to serve businesses in suburban areas of Kitchener and is available to any business located outside of the My Main Street Program areas, as described on the map in Schedule "A". 3. Intent and Objectives The intent of the program is to offer marketing support to suburban businesses (similar to the collaborative support that the Business Improvement Areas (BIAs) offer to our city's urban areas). The objectives are as follows: i. Create community among suburban business owners ii. Facilitate collaboration between businesses iii. Increase connections with customers 4. Make it Kitchener Recovery Framework The Love My Business program was approved as part of the Make it Kitchener Recovery Framework by Council on April 19, 2021. The Love My Business program supports the goal of unleashing community spirit and spending power. The support this program provides aims to engage new customers and re-engage previous ones through creative and collaborative marketing strategies. More information on the Make it Kitchener Recovery Framework can be found at: https://www. makeitkitchener.ca/mik-2-recovery-framework-fi nal -draft -high-res-. Pdf 5. Funding Support Programs: The funding programs that exist within the Love My Business program include: 1. Community Events Funding 2. Marketing Collaborations These funding programs run alongside a digital content support program that will assist businesses with social media and short form video content. Page 40 of 65 All initiatives and applications for assistance for any funding program are subject to funding being available. In all situations, the total level of the funding provided shall not exceed the value of the work done. 5.1. Community Events Funding Background Community events are opportunities to heighten connections in neighbourhoods, while also increasing foot traffic and exposure of participating businesses. The intake period for this funding is May 1, 2022, to October 31, 2022. I ntent The intent of this program is to increase community and customer connections with businesses while also facilitating collaboration and cross promotion between Kitchener businesses. Eligibility Requirements Applicants must meet the following application criteria: • The business is located within suburban Kitchener, as identified in Schedule A. • The business was required to close or reduce capacity during 2021 or 2022 COVID-19 Provincial restrictions. • The business provides in-person services at a bricks and mortar location. • The business has a City of Kitchener business license, if required to have one. • The community event must include a collaboration with at least one other Kitchener business, performer, educator, artist, or speaker. • The community event must be made available to the public and must be free. • The City of Kitchener reserves the right to deny or refuse any application. Financial Assistance A business can apply for up to $1000 in in-kind support toward hosting a community event. This could include, but not limited to, the cost of hiring a performer, setting up tents and tables, etc. All applications shall be submitted electronically or in writing, addressed to the Love My Business Marketing and Program Coordinator. All applications for assistance under this program will be considered subject to the availability of funding in the Love My Business program. Businesses will be notified of the outcome of their application as soon as possible, but typically within 2 to 3 weeks of application submission. Businesses may only apply for one community event funding opportunity. This funding is a one- time opportunity and is not intended to provide financial support on a recurring basis. 5.2. Marketing Collaborations The funding dedicated to marketing collaborations gives eligible businesses an opportunity to target new customers and grow their community connection in collaboration with other businesses. Page 41 of 65 Background Marketing is a key method for businesses to attract new customers and begin to build new community connections. The intake period for this funding is May 1, 2022, to October 31, 2022. I ntent The intent of this program is to provide businesses with exposure to new customers through marketing collaborations (including but not limited to direct mail, social media influencer campaigns, digital or print media advertising, etc.). Eligibility Requirements Applicants must meet the following application criteria: • The business is located in suburban Kitchener, as identified in Schedule A. • The business must collaborate with two other suburban Kitchener businesses who also meet these eligibility requirements. • The business was required to close or reduce capacity during 2021 or 2022 COVID-19 Provincial restrictions. • The business provides in-person services at a bricks and mortar location. • The business has a City of Kitchener business license, if required to have one. The City of Kitchener reserves the right to deny or refuse any application. Financial Assistance A minimum of 3 businesses must participate in a given collaborative marketing effort. Each collaboration may apply for up to $500 per participating business to cover the costs of a collaborative marketing effort. The Love My Business Marketing and Program Coordinator may limit the total funding allocated to a collaborative marketing effort. All applications shall be submitted electronically or in writing, addressed to the Love My Business Marketing and Program Coordinator. All applications for assistance under this program will be considered subject to the availability of funding in the Love My Business program. Businesses will be notified of the outcome of their application as soon as possible, but typically within 2 to 3 weeks of application submission. Businesses may only apply for one marketing collaboration funding opportunity. This funding is a one-time opportunity and is not intended to provide financial support on a recurring basis. 6. Advisory Support Programs In addition to the funding programs listed in section 5, businesses can book a one-on-one consultation with the Love My Business Marketing and Program Coordinator to assist with digital content creation. This may include batch producing photos and video content for social media, creating Instagram Reels, getting started with TikTok, and automating scheduled content. Consultations will be provided on an as -requested basis, subject to Page 42 of 65 the availability of City resources. Alternatively, businesses may be directed to the various programs of the Waterloo Region Small Business Centre. Schedule A: Love My Business Map The Love My Business area includes the yellow shaded area. The excluded areas (in black) are covered by the My Main Street Ambassador program (Lancaster/Victoria St. E, Downtown Kitchener, King St. East, and Belmont Village). Note — attached to report in separate PDF file Page 43 of 65 Program Areas Love My Business Program My Main Street 0 Am bassador :F Program � 4 OOM\NGOP .e Lancaster P°R St W/Victoria St E gR,°_ � Downtown n x�K/NG ST Belmont O S L� O T �E 2dT 00 < `O •ti_ Grand River f_.s � Psoo�st W A Ki C °GST OR�PS�S S J�c'� Ro inT �Ra G G c.aR. 1 `•` Oy�P FAIRWAY RO ,.,.,' F.:�. y9C • G '(S PO 'i a.,l WPS GK \.1NE RD yN gl° C i i O _ +.rig EpMs RD E y o N STF O PP Po N ZJ i A � Z 1 �f {' i o / � 1 f1 1 I NEW °�NDEE R° km RTCH NER 0 0.5" 41 Staff Report Financial Services Department www.kitchener.ca REPORT TO: Finance and Corporate Services Committee DATE OF MEETING: April 4, 2022 SUBMITTED BY: Ryan Hagey, Director of Financial Planning & Reporting, 519-741-2200 ext. 7353 PREPARED BY: Ryan Hagey, Director of Financial Planning & Reporting, 519-741-2200 ext. 7353 Andrew Ramsaroop, Social Planning & Affordable Housing Program Lead, 519-741-220 ext. 7242 WARD(S) INVOLVED: All Wards DATE OF REPORT: March 23, 2022 REPORT NO.: FIN -2022-158 SUBJECT: Affordable Housing Development Charge (DC) Waiver Policy RECOMMENDATION: That financial policy FIN -PLA -XXX "Affordable Housing Development Charges Waiver" be approved (Attachment A to report FIN -2022-158); and That the terms of reference for the Affordable Housing Reserve be approved (Attachment B to report FIN -2022-158). REPORT HIGHLIGHTS: • The purpose of this report is to approve the Affordable Housing Development Charges Waiver policy and confirm the terms of reference for the Affordable Housing reserve. • One-time funding of $2M was set aside during the 2022 budget process for this purpose. Ongoing funding would need to be identified through a future budget. • Community engagement related to the Housing for All affordable housing strategy included multiple stakeholder groups and informed the report recommendations. • This report supports A Caring Community by creating an Affordable Housing Strategy. BACKGROUND: In December 2020, Council endorsed Housing for All as the City's affordable housing strategy. This award-winning strategy was developed through months of dialogue with a community working group made up of members of the public, Council, non-profit, industry representatives and academia. When Council identified Kitchener's first affordable housing strategy, it was very clear that the strategy should identify what the City of Kitchener can do for affordable housing and to not take over the roles and responsibilities of other levels of Government. Through the 2022 budget process Council set aside $2M to be used towards affordable housing, with the understanding that staff would develop a policy and bring it back for approval in early 2022. This report seeks approval of that policy and the earmarked funds. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 45 of 65 REPORT: Housing for All Strategy Housing for All contains 44 actions that advance 7 key priority areas that will help the City of Kitchener realize the right to housing locally and work towards creating more housing opportunities across the housing continuum. One of the 44 actions in Housing for All was to consider the establishment of an Affordable Housing Reserve Fund to support affordable housing initiatives. This action was advanced through the 2022 budget process. Through broad and in-depth engagement with the public, non -profits, and the development industry including those that were a part of the Affordable Housing Strategy Advisory Committee one of the largest barriers to building more community and supportive housing are the capital costs associated with the development process in particular for non-profit housing developers and providers. Providing incentives and fee waivers for community and supportive housing were identified as one way the City and other levels of government could help advance housing opportunities locally. Further, providing financial support is one tool in the municipal toolbox to secure more affordable and supportive housing units locally. Currently, the City provides an exemption from development application fees and building permit fees for eligible non-profit rental projects. Non-profit developers and housing providers have expressed that these fee waivers help remove some of the barriers to development as it allows them to reallocate these funds to other aspects of the project. The uptake on these fee waivers is high thus demonstrating their need and effectiveness of the policy. Provincial legislation around the deferral of DC payments helps spread development costs over a longer period of time, however these fees must be paid and ultimately direct funds away from capital and operating expenses. A DC payment waiver/grant was identified by the Advisory Committee and by the non-profit development community as one way to remove financial barriers to building more affordable and supportive housing units and to advance the City's housing targets. The policy recommended by staff takes this engagement and advice into account, utilizes the financial tools available to a municipality, while ensuring the City remains within its jurisdiction and legislative requirements. Further, it provides the framework for which the $2M of funds within the Affordable Housing Reserve will be used to further Kitchener's affordable housing priorities and ultimately help to develop the much needed affordable and supportive housing units. Policy Staff are recommending the City provide a waiver for 100% of the amount of DCs payable to the City for a non-profit housing development as defined in the Development Charges Act and associated regulation. Some key highlights of the policy include: • The waiver covers 100% of the DCs payable to the City as long as there are funds available in the Affordable Housing reserve fund. When a qualifying development would normally pay their DCs, funds will instead be transferred from the Affordable Housing reserve fund to the Development Charges reserve fund. • The definition of non-profit housing development in the City's policy aligns with the Provincial definition in the DC Act and associated regulation for easy interpretation. Page 46 of 65 • The policy is retroactive to January 1, 2020. The Housing for All strategy was under development throughout the whole year and there were discussions/indications with non- profit housing developers that any waiver policy would be retroactive to developments underway throughout the year. If the proposed policy is approved, any qualifying developments dating back to January 1, 2020 would have their DCs waived or refunded. Staff believe a DC waiver is a sound solution for affordable housing developments because it will remove one of the costs for qualifying developments, is easy to administer, and aligns with one of the 55 recommendations from the Ontario Housing Affordability Task Force. In their report from February 2022, recommendation #33 is to: "Waive development charges on all forms of affordable housing guaranteed to be affordable for 40 years." The City's proposed policy is consistent with the position being advocated for by the Task Force and would allow for an easy transition if the Province were to implement the Task Force's recommendation. Under current Provincial legislation any DC exemption must be funded by the municipality (i.e. through property taxes) and not by increased DCs. It is staff's understanding that if the Task Force's recommendation were implemented by the Province, no contribution from property taxes would be required as it would be a mandatory Provincial legislative waiver, and not a voluntary local waiver. This means that any funds remaining in the Affordable Housing reserve if the Province implements a waiver could be used in some other way to support affordable housing development, or be repurposed based on direction from Council at that time. In developing a policy, staff scanned the practices and policies of other municipalities. The scan revealed there is no consensus solution being deployed in Ontario. The other options considered by staff and why they were not chosen are outlined in the table below. Partial Waiver (as opposed Still requires qualifying developments to pay DCs to the City. to a 100% waiver) These payments are made over 20+ years, so it will be difficult o administer and exposes the City to some risk of non-payment. t Grant, section 107 of the Still requires qualifying developments to pay DCs to the City. Municipal Act These payments are made over 20+ years, so it will be difficult to administer and exposes the City to some risk of non-payment. Exemption through DC Reduced ability to adjust the policy as any change to the Bylaw, section 5 (1).10 of exemption would require passing a new DC bylaw (and going the Development Charges through a DC study update). Act _ Community Improvement Requires Council to adopt Official Plan policies and an Plan (CIP), section 28 of accompanying by-law to designate the CIP area. The Official the Planning Act Plan policies must specify municipal programs and incentives and their eligible works, improvements, buildings or facilities. STRATEGIC PLAN ALIGNMENT: This report supports A Caring Community by creating an Affordable Housing Strategy. Page 47 of 65 FINANCIAL IMPLICATIONS: During the 2022 budget, Council earmarked $2M of one-time seed funding for the Affordable Housing reserve. At current DC rates, this funding would provide a waiver for 190 to 280 qualifying units (depending on where they are built). Council could further extend the impact of this policy by approving an ongoing funding contribution to the Affordable Housing reserve through a future budget process. Any ongoing reserve contribution would be an operating budget impact that would put upward pressure on the tax rate increase. The proposed policy includes retroactive application. Staff's recommendation is for January 1, 2020 and reflects discussions with the non-profit housing developers during the development of the Housing forA/l strategy. Failure to make the policy retroactive would jeopardize the positive relationships built throughout the strategy development. The table below summarizes the recommended date and other options considered by staff in the development of the policy. Jan 1, 2020 Housing For All 3 135 $965,000 strategy underway Dec 14, 2020 Housing For All 2 87 $517,000 strategy approved Apr 11, 2022 Affordable Housing DC 0 0 $0 Waiver policy passed y COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. CONSULT — It is estimated that City staff engaged with close to 500 people in developing the Housing forA/l strategy by methods including: • Advisory Committee workshops and sub -committee meetings • Engage Kitchener surveys • One-on-one stakeholder interviews • Meetings with community groups • Kitchener Market • Social media posts PREVIOUS REPORTS/AUTHORITIES: • DSD -20-214 Housing for All — City of Kitchener Housing Strategy • FIN -2021-62 2022 Final Budget Day APPROVED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services. Justin Readman, General Manager, Development Services ATTACHMENTS: Attachment A — Affordable Housing Development Charges Waiver Policy Attachment B —Affordable Housing Reserve Information Sheet Page 48 of 65 1 Ki R POLICY Policy No: FIN -PLA -XXX Policy Title: AFFORDABLE HOUSING Approval Date: April 11, 2022 DEVELOPMENT CHARGES WAIVER POLICY Reviewed Date: April 2022 Next Review Date: April 2027 Policy Type: COUNCIL Category: Finance Amended: Click here to enter a date. Sub -Category: Financial Planning Author: Ryan Hagey, Director of Replaces: Click here to enter text. Financial Planning & Reporting Repealed: Click here to enter a date. Dept/Div: Financial Services Department Replaced by: Click here to enter text. /Financial Planning & Reporting Related Policies, Procedures and/or Guidelines: Development Charges Act &Related Regulations POLICY PURPOSE: The primary purpose of this policy is to help incent or remove barriers related to the development of non-profit housing development. The policy does this by establishing the parameters by which a waiver for development charges (DCs) would be provided to a qualifying development. 2. DEFINITIONS: City — City of Kitchener. DC/DCA — Development Charges/Development Charges Act. Non -Profit Housing Development — is defined by O. Reg. 454/19, s. 3 (1) and means development of a building or structure intended for use as residential premises by, (a) a corporation to which the Not -for -Profit Corporations Act, 2010 applies, that is in good standing under that Act and whose primary object is to provide housing; 1 of 3 Page 49 of 65 Policy No: FIN -PLA -XXX Policy Title: AFFORDABLE HOUSING DEVELOPMENT CHARGES WAIVER (b) a corporation without share capital to which the Canada Not-for-profit Corporations Act applies, that is in good standing under that Act and whose primary object is to provide housing; or (c) a non-profit housing co-operative that is in good standing under the Co- operative Corporations Act. 3. SCOPE: POLICY APPLIES TO THE FOLLOWING: ❑x All Employees ❑Management ❑Permanent Full -Time Employees ❑Permanent Full -Time Non Union ❑Permanent Full -Time C.U.P.E. 791 ❑Temporary ❑Part -Time Non -Union ❑Student El Permanent Full -Time Union ❑Continuous Part -Time Employees ❑Part -Time Employees ❑Continuous Part -Time Non -Union ❑Continuous Part -Time Union ❑Council E] Local Boards & Advisory Committees ❑Specified Positions Only: This policy applies to external customers who meet the definition of non-profit housing development included in this policy. The DC waivers mentioned in this policy do not apply to for-profit housing development. 4. POLICY CONTENT: The City's DC waiver policy provides the specifics of the City's policy without reiterating most aspects of the DCA itself. The City's policy is meant to be interpreted in accordance and in conjunction with the DCA and the Municipal Act. 1. Policy Application a) DC waivers will be available to non-profit housing development units that have not received funds from the City for other site development costs, whether in-kind or cash (e.g. grants, outstanding loans, donations of property). b) The amount of the waiver will be equal to 100% of the City portion of DCs payable, as long as funds are available in the Affordable Housing reserve fund. c) DC waivers will be funded at the point of occupancy which is when the first instalment of DCs is to be made for non-profit housing developments under 2 of 3 Page 50 of 65 Policy No: FIN -PLA -XXX Policy Title: AFFORDABLE HOUSING DEVELOPMENT CHARGES WAIVER current Provincial legislation. This will result in a transfer from the Affordable Housing reserve fund to the Development Charges reserve fund. 2. Retroactivity a) Upon approval by Council, this policy shall take effect retroactive to January 1, 2020. Any qualifying developments from this timeframe will have their DCs waived at occupancy (if they haven't paid) or refunded (if they have already paid). 5. HISTORY OF POLICY CHANGES Administrative Updates Formal Amendments 3 of 3 Page 51 of 65 Reserve Fund Information Sheet Name of Reserve/Reserve Fund Affordable Housing Category Reserve Fund Type Discretionary Classification Program Specific Purpose Provide funding to support affordable housing development Funding Source - One-time contribution when reserve was created. -Annual contributions approved by Council. - Interest income Appropriation of Funds - Grants to qualifying properties in the amount of City's portion of development charges Target Level Minimum: Closing balance should not drop below zero Rationale: All reserves should maintain a positive balance. Maximum: Closing balance should not exceed $2 million Rationale: closing balance should not exceed initial seed funding. Excess: Excess funding greater than the maximum transfers to the Tax Capital Reserve Fund Next Review: 2027 Reporting -annual report to FCSC Accountability Cost Centre 7022015 Divisional Ownership Equity, Anti -Racism & Indigenous Initiatives Ownership Lead Director of Equity, Anti -Racism & Indigenous Initiatives Interest Allocation Yes Other Previous Policy New Previous Title Not applicable Resolution Date Amendment Date(s): Repeal Date: Proposed start date End Date (if applicable) Not applicable Page 52 of 65 Staff Report Corporate Services Department www.kitchener.ca REPORT TO: Finance and Corporate Services Committee DATE OF MEETING: April 4, 2022 SUBMITTED BY: Amanda Fusco, Director of Legislated Services/City Clerk, 519-741-2200 ext. 7809 PREPARED BY: Amanda Fusco, Director of Legislated Services/City Clerk, 519-741-2200 ext. 7809 Dianna Saunderson, Manager of Council/Committee Services/Deputy Clerk, 519-741-2200 ext. 7278 WARD(S) INVOLVED: All DATE OF REPORT: March 15, 2022 REPORT NO.: COR -2022-154 SUBJECT: In -Person and Hybrid Council and Committee Meetings RECOMMENDATION: That the Hybrid Meeting Protocols (Attachment A) to report COR -2022-154 be approved for a one-year pilot; That staff be directed to report back to Council in 2023 with a review of the Hybrid Meeting Protocols, as part of the Procedure By-law Review; That beginning with the Council meeting of May 9, 2022, or as determined by the Mayor and Chief Administrative Officer, staff be directed to facilitate meetings in a hybrid manner with in-person and remote Members of Council and the public. REPORT HIGHLIGHTS: • The purpose of this report is to outline the development of a draft Hybrid Meeting Protocol for the City of Kitchener, by examining the principles which make the foundation of effective council meetings and the experience of Kitchener Council throughout the pandemic. • As the level of government closest to the people, democracy typically occurs in a physical space and many members of Council are interested in returning to in-person meetings. • There are benefits of allowing remote participants to join a hybrid meeting, such as improving the accessibility of meetings and increasing attendance, particularly as we transition from strictly electronic meetings to a return to in-person attendance. • It is recognized that post -pandemic, electronic meeting participation has benefits for delegates, including consultants retained by the City and can offer flexibility to members of Council, in specific instances, if they are unable to attend meetings physically. • In order to support hybrid meetings long-term, additional resources and upgrades to the audio-visual (AV) infrastructure are required. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 53 of 65 • This report supports the delivery of core services. BACKGROUND: Kitchener Council has been meeting remotely through electronic meetings since March 23, 2020, due to the COVID-19 pandemic. On July 21, 2020, the COVID-19 Economic Recovery Act, 2020 ("Bill 197") received Royal Assent, which allowed for municipalities to continue to meet electronically with no requirement for a state of emergency. At its meeting of December 14, 2020, City Council, through report COR -2020-12, approved amendments to Chapter 25 — the Procedure By-law, to incorporate permitting electronic participation and meetings outside of a declared emergency. In the report Council approved recommendations that closed session electronic meeting participation be permitted including counting towards quorum and being permitted to vote, however voting (for procedural matters or giving staff direction in caucus) was not captured within the subsequent by-law brought forward. In order to address this, staff will bring forward a by-law amendment to Council to align section 4.18 with the recommendation in the 2020 report. On February 22, 2021, Chapter 25 — Procedure By-law 2021-015 was enacted including section 4.18 to permit a member of Council, a Committee of Council, a Quasi -Judicial Committee, or an Advisory Committee to participate electronically in a meeting that is open to the public including voting, to be counted in determining whether a quorum of members is present and participate electronically in a meeting that is closed to the public. During the pandemic, Council meetings have been held in a fully electronic fashion, due to the public health restrictions prohibiting gatherings. While meetings have been held electronically out of necessity, Council is able to continue to conduct its meetings effectively and the advantages of allowing electronic participation during Council meetings became clear. Despite the significant barriers posed by the public health measures, Council meetings continued a regular schedule with high levels of attendance from Councillors and high levels of public participation. REPORT: In the fall of 2021 with an optimistic outlook on possibly returning to in-person meetings, plexi- glass was installed in the Council Chamber and members of Council were surveyed on their interest of returning to meetings in a strictly in-person format, or with the flexibility of a hybrid meetings, recognizing the flexibility and benefits that the conference meeting technologies had provided. Through the survey responses three-quarters (75%) of council members expressed interest in the flexibility to provide for hybrid meetings, with one-quarter (25%) of council members opposed to the idea, remaining to prefer in-person attendance only. Council members were unanimous (100%) in desiring electronic participation continue to be offered to delegates. Given the overwhelming majority of members of Council supported the idea of hybrid meetings (i.e., meetings with both in-person and electronic participants at the same meeting), Legislated Services staff viewed other municipal electronic and hybrid configurations and reviewed other municipalities hybrid meeting procedures. Page 54 of 65 While it is staff's opinion that in-person meetings provide the most accessible, transparent, and accountable opportunity for the public to participate in local government, the benefits and flexibility provided by electronic participation cannot be ignored. Staff have reflected a balanced approach to hybrid meetings in the protocols to ensure that democracy and the representation of constituents occurs visibly in a physical space, therefore providing limited exceptions to members of Council being physically present in the Chamber. The timing and protocols reflect the most recent loosening of restrictions. Effective March 1, 2022, the Province took additional steps to ease public health including lifting capacity limits in all remaining indoor public settings and proof of vaccination requirements for all settings. Masking requirements were then lifted on March 21, 2022, for public spaces — including in schools, restaurants, gyms, and stores. In alignment with the Provincial direction, the Region of Waterloo at a Special Council meeting on March 16, 2022, repealed the bylaw requiring face coverings in indoor public places. The established criteria to end the state of emergency across the region has been met and the City of Kitchener is expected to terminate its emergency declaration on March 25, 2022. It is expected that the Province will lift the remaining COVID- 19 regulations by the end of April and Kitchener will follow suit by removing remaining workplace protective measures by April 27, 2022. As the City continues to transition out of its COVID-19 pandemic measures, staff recommend the inclusion of electronic participation for meetings going forward, in addition to traditional in- person participation. This 'hybrid' approach will allow for the opportunities presented by electronic participation to be added to the in-person meeting format, addresses the desire of Council and welcomes the public back into the Council Chamber. Hybrid Meeting Protocols Council Members As reflected in the protocols (Attachment A), in-person remains the preferred attendance for members of Council. An option to join remotely potentially allows for greater attendance, with limited exceptions restricted to when travelling on official business, illness or infirmity, parental or caregiving requirements, and health and safety. Therefore, members of Council who may not be able to attend meetings for periods of time due to illness, injury, or recovery from surgery, for example, may be able to attend from home and not miss extended periods of meetings. Members of Council that take parental leave or return from parental leave may require flexibility with physical attendance of meetings. Similarly, other caregiving responsibilities may inhibit in-person attendance and flexibility provides options. Members of Council suffering from minor illnesses may attend the meeting if they are feeling well enough but may stay home to avoid spreading an illness to other people. The COVID-19 pandemic has illustrated the importance of preventing the spread of illness by staying home if not feeling well. Electronic participation also allows for Council Members to join meetings from outside of Kitchener when travelling on official city business. If a member of Council in good faith and complying with the exceptions, requires electronic participation, the protocols require that notice to the Clerk must be given no less than 12 hours prior to the meeting. It is important to note that Legislated Services staff will not ask for, or record the exception related to Council member requests to attend electronically. Page 55 of 65 To reinforce that the best experience for Council, staff and the public is in-person attendance, the protocols reflect that the technology equipment in the Council Chamber to request to speak, and record votes shall be used. Therefore, the Chair must be physically present to address speaking queues and resume the management of the timer. In January 2022 upgrades were made to the audio-visual equipment in the Council Chamber to allow the clerks station computer to host and participate in a meeting by importing the council chamber camera (the static camera at the rear of the room) into the electronic meeting. Testing of hybrid meeting abilities and processes occurred in February 2022. Members joining electronically will continue to use the "Raise Hand" function to request to speak and the Chair will determine the speaking queue that will, to the best of their ability, reflect the order in which members of Council have requested to speak. As it functioned pre -pandemic, if no recorded vote has been called, the Chair will facilitate the vote by members participating in-person and electronically raising their hands, then indicating if the vote has been "Carried" or "Lost". The vote will be indicated as such in the minutes. In a hybrid meeting recorded votes will be taken first by those in-person using the voting technology in Chamber. Once the voting has been closed, the Chair will conduct a roll call of the members participating remotely to record their vote. Once the roll call has ended the vote will be displayed and the Chair will state the results of the vote including the roll call and it will be reflected in the minutes. City Staff In order to fully participate in the proceedings related to the presentation and deliberation of staff reports, and respond to questions, the Chief Administrative Officer (CAO) has stated preference that staff physically attend meetings. Direction remains with the CAO to receive, consider, and approve or deny requests from staff to participate in meetings electronically on an exception basis. If electronic participation is supported, like Council, staff must provide notice to the Clerk no less than 12 hours prior to the meeting. Public Participation Throughout the pandemic, electronic Council meetings have seen continued public participation. Residents, consultants, developers, and applicants were able to provide comments through written correspondence, or by joining the meeting live through the conference or by telephone. Staff provided testing and assistance for residents prior to the meeting to ensure they would be able to join successfully. Due to these options, public participation remained high during the pandemic and electronic participation even allowed for delegations to join from outside the Kitchener area. Hybrid meetings will allow residents to join meetings electronically as delegations, which provides the same accessibility and flexibility discussed for Council members. It also allows for residents to join a meeting without the same time commitment as attending in person. For example, residents who may commute for work outside Kitchener may be able to provide their delegation from their work location, without the need to take time off work and travel back to Kitchener. Providing for electronic participation post -pandemic will accommodate delegations facing barriers, such as childcare or elder care, transportation. This electronic delegation would be in addition to in person attendance, as residents are able to attend Council Chamber to provide their feedback in the traditional way. Page 56 of 65 Council Chamber Technology As noted above, Legislated Services staff have worked with vendors to export the Council Chamber camera (static camera at the rear of the room) and port it to clerks' station so the camera can join the electronic meeting and in-person members can be seen in the electronic meeting. This is similar to how the livestream was managed for standing committee pre - pandemic. Staff recognize that electronic meetings have increased the expectation of visibility, as members have been displayed in the gallery view format. Staff have begun the necessary steps to secure a resource to assist with camera manipulation of standing committees to ensure that speakers in-person are visible in greater ability than the static camera abilities. This would ensure consistency in the viewing experiences and align it with Council meetings which are managed and broadcast by Rogers television. However, while the iterative steps mentioned above are in place to address hybrid meetings in the short term, there are concerns regarding supporting hybrid meetings long-term given the serious limitations of the current aging technology. The current technology in the Council Chamber was installed in 2012 and at times poses unforeseen difficulties and interruptions during meetings. The current audio technologies (i.e., microphone) in Chamber are not capable of being integrated with the visual technologies (i.e., cameras/livestream) or the City's new agenda management system, such that the experience (i.e., requesting to speak, voting, and displaying the vote) is seamless regardless of location. Additionally, the camera system in the Chamber is manual and requires intervention to ensure the best possible experience for members attending in person (i.e., panning to the speaker). The encoder required to integrate the cameras to the livestream has been installed however there are currently no resources to support it within Legislated Services. It is important to note that a majority of municipalities in the area have performed technical upgrades to their Chamber technology systems ranging from $15,000 to $500,000. A significant investment is required to upgrade the Council Chamber AV system in the coming years. Staff will undertake further analysis of these technical requirements and report back with recommendations through a future budget process. Staffing Resources The Legislated Services division within the Corporate Services department supported the entirety of the electronic meetings, most often requiring two support staff to execute them. This is an increase in service as in-person pre -pandemic only one staff member typically attended, outside of Council. At times Technology Innovation & Services (TIS) staff have been required to provide technical assistance. In a hybrid meeting format staffing to support meetings may need to be enhanced, depending on the number of electronic participants, as in essence they involve two meeting; advice, assistance and trouble -shooting for both in-person and those participating remotely. Staff continue to review whether the current complement to facilitate meetings needs to be expanded indefinitely. Page 57 of 65 Advisory Committees, Boards and Task Forces At this time the Hybrid Meeting Protocols will only apply to the Standing Committee and Council meeting structure. The City's advisory committees, boards and task forces will continue to meet electronically. Many of the advisory committees, boards and task forces supported outside of Legislated Services use various meeting rooms in City Hall, not Council Chamber. Unfortunately, due to technology shortages and shipping delays not all of the rooms in City Hall have been converted for hybrid use. Additionally, as volunteers, they are not provided with City issued devices and would therefore be asked to bring personal devices to City Hall for meetings. While a few have expressed interest to return to in-person, there has not been an overwhelming majority to do so, and it is staff's opinion that a cautious and measured approach be taken. Staff will continue to monitor abilities for advisory committees, boards and task forces to return to in- person meetings. Review by new term of Council with Procedure By-law Review Staff recommend that the draft Hybrid Meeting Protocols be employed as a pilot, with a scheduled review at the beginning of the term of the 2022-2026 Council. As hybrid meetings potentially change the dynamic of meetings, it is most effective to examine their effect on the Procedure By-law as a whole. The pilot would allow for flexibility to fully test and understand the technology and continue to assess longer-term resource requirements, related to meeting management, AV needs, delegation management and room capacity management. Further, it will allow staff to draw on the best practices developed in waterloo region and other Ontario municipalities following the return to hybrid and in-person meetings. Hybrid Meetings and Return to Council Chambers As noted above, on March 21, 2022, the Province lifted the public health measures regarding mask requirements for indoor settings. It is expected that the Province will lift the remaining COVID-19 regulations by the end of April and Kitchener will follow suit by removing remaining workplace protective measures by April 27, 2022. Any meetings held prior to April 27, 2022 would require the use of plexi -glass between desks and masking requirements in order to address physical distancing within the workplace. While there could be earlier opportunities to test hybrid meetings, in light of the April 27 restriction removal date staff have suggested the May 9, 2022, Council meeting be the first hybrid meeting to be facilitated with in-person participation. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. Page 58 of 65 CONSULT — The draft hybrid meeting protocols were provided to corporate leadership, corporate services management, and committee chairs in advance of the report to provide feedback and comments. Staff canvassed the Chairs of Legislated Services facilitated committees regarding their interest in hybrid meetings. Similarly, the Committee Administrators across the City supporting meetings for advisory committees, boards, and task forces have been canvassed. COLLABORATE — Legislated Services staff collaborated with Corporate Communications on key messages arising from the protocols and counterparts in clerks' offices across waterloo region, particularly the Region of Waterloo, to ensure equity of experience in consideration of the criteria to be established. PREVIOUS REPORTS/AUTHORITIES: (Mandatory — This section should cite any previous reports, meeting dates, or other governing authorities (by-laws, policies) when approvals/authority was given. If you have no information to include in this section, include the default wording below.) By-law 2021-015 — Being a by-law with respect to Procedure, known as the "Procedural By-law" COR -2020-12 — Proposed Amendments to City of Kitchener Municipal Code Chapter 25 Procedure) COR -20-006— Amendment to Procedural By-law Regarding Electronic Meeting Participation APPROVED BY: Victoria Raab, General Manager, Corporate Services ATTACHMENTS: Attachment A — Draft Hybrid Meeting Protocols Page 59 of 65 Attachment A to COR -2022-154 .,4NTcHENF_R Hybrid Meeting Protocols These protocols apply to all Council and its Standing Committee meetings, both open and closed sessions, where an element of in-person and electronic participation is present which creates a hybrid meeting format. The City's Municipal Code Chapter 25 - Procedure (Procedure By -Law), as amended, applies to all meetings, including hybrid meetings, and must be followed. These Protocols are intended to provide a general guide for hybrid meetings and work in conjunction with the Procedure By - Law. Hybrid Meeting Principles Principles have been developed to support effective hybrid meetings and the transition from fully electronic meetings to hybrid meetings with participants who join remotely and in-person. Hybrid meetings will be set up to ensure that participants are treated equitably regardless of which method they use to join. The audiovisual technology will be used to help the in- person and remote options provide as similar an experience as possible for both the participants and members of the public. 2. Members participating virtually will count towards quorum of members, will be able to vote, and will be permitted to participate in any portion of a meeting which is closed to the public including voting. 3. The Clerk, based on available resources and advice of the Director of Technology Innovations & Services (TIS), will determine the Conference System method and technology to be used for a hybrid meeting. 4. As the City transitions through the COVID-19 pandemic period and restrictions lessen, the hybrid meeting approach will remain adaptable to allow for the most flexible response if public health guidelines should become more restrictive again. 5. Hybrid meetings represent a new approach to municipal Council meetings. While they increase the accessibility and flexibility of people participating, they are more complex in terms of technology and ensuring an equitable experience. In addition, as a new approach, there may need to be changes made quickly to address transparency, responsiveness, and emerging technologies. Definitions: "Clerk" means the City Clerk and/or designate. Page 60 of 65 Attachment A to COR -2022-154 ,,4NTcHENF_R "Conference System" means the system chosen by the Clerk for the purposes of joining meeting participants via electronic means. "Delegate" means a person or persons attending to address Council or its Committees and including presenters and consultants retained by the City. "Electronic meeting" means a meeting called and held in full electronic means, including but not limited to audio teleconference, video conference. "Electronic participation/participants" means attendance not in person. "Host Computer" means the staff person and computer that has the scheduled start, stop of the meeting, and can share presentation and other materials as needed. "Hybrid" means a type of meeting that includes in-person meeting operation and electronic or virtual attendance. "Livestream" means the web stream the meeting as it occurs live. "Procedure By-law" means the Municipal Code — Chapter 25 — Procedure. Protocols: 1. Prior to the Meeting: 1.1 Council Members 1.1.1 In-person participation will be the default for Members of Council to allow for physical convening and dialogue. Limited exceptions to in-person participation will be permitted including: • travelling for official city business, • illness or infirmity, • parental and caregiving requirement, • health and safety. 1.1.2 Members of Council will act in good faith and compliance with the exceptions provided in 1.1.1, and if requiring electronic participation will notify the Clerk, no less than 12 hours prior to the meeting, to advise they are participating electronically. 1.1.3 Legislated Services staff will not ask for, or record, the exception related to Council member requests to participate electronically. 1.1.4 The Chair of the meeting, unless for emergency or extenuating circumstance, will participate physically from the meeting space, supported by the Clerk. Page 61 of 65 Attachment A to COR -2022-154 ,'4NTcHENF_R 1.1.5 Each electronic participant in the hybrid meeting, where possible, will ensure nothing prohibits their participation and will join the meeting 15 minutes prior to the start of the meeting to ensure connectivity. 1.1.6 The Clerk, or designate, will forward a conference invitation to Members of Council joining electronically prior to the meeting. 1.2 City Staff 1.2.1 In-person participation will be the default for City Staff to enable staff to address and respond to dialogue of Council. 1.2.2 Requests by staff to participate in a meeting electronically will be addressed to the Chief Administrative Officer for approval. 1.2.3 If approved by the Chief Administrative Officer, staff requests to participate electronically in meetings will be provided to Legislated Services no less than 12 hours prior the meeting in order to facilitate participation. 1.3 Delegations (including Presenters and Consultants retained by the City) 1.3.1 Delegation registration with the Clerk or designate will be facilitated through the online delegation registration form or through delegation(a)-kitchener.ca is required. 1.3.2 Registration deadlines for both in-person and electronic participation will be noted on the agenda. 1.3.3 In person delegations will be permitted to register all the way up until the start of the meeting. 1.3.4 Electronic delegations, to ensure they have all the necessary meeting details for participation, will be requested to register 2 hours prior to the start of the meeting. Electronic delegates will be sent an invitation to join the electronic meeting by clicking the Join Meeting Now link or dialing the telephone number listed in the invitation. 1.4 While registration deadlines have been provided for all participant groups, where possible, staff will continue to facilitate emergency requests for electronic participation. Page 62 of 65 Attachment A to COR -2022-154 ,-4NTcHENF-R 1.5 Meeting participation by telephone conferencing is not a preferred method of attendance and should only be relied upon as a last resort after exploring alternatives with staff. 1.6 Legislated Services staff will provide meeting notes to the Chair to help facilitate the meeting, including where possible, staff in attendance, delegations and provide direction related to presentations. 2. Participants during the Meeting 2.1. Council Members participating electronically will be noted in the minutes as "present via electronic means". 2.2. All microphones will remain muted for the duration of the meeting except for the individual speaking. 2.3. The Chair will introduce each agenda item and, upon request, allow for Staff, Delegates, or other participants to address Council or Committee where appropriate to do so. 2.4 Presentations will be displayed and controlled by the Host Computer to mitigate risk to the City of a participant inadvertently sharing personal information that constitutes a privacy breach. 2.5 Staff, Delegations, and others participating electronically will keep their cameras / videos off except when acknowledged by the Chair. 2.6 Electronic participants are to be mindful that their video will be visible to the public and should review their background, lighting, camera angles and location with this in mind. 2.7 Where Council Members participating electronically have connection or service interruptions, the Chair may recess the meeting for up to 15 minutes. After 15 minutes of no connection with the member, the meeting will resume. 2.8 Should Delegates participating electronically experience technical disruption, attempts will be made to facilitate an alternative electronic participation method. Where the attempts are unsuccessful, the meeting will continue in absence of the Delegate. Page 63 of 65 Attachment A to COR -2022-154 .,4NTcHENF_R 3. Speaking Rights of Members 3.1 The Chair will determine the speaking queue that will, to the best of their ability, reflect the order in which members of Council have requested to speak. 3.2 Members participating electronically wishing to speak will utilize the speaking request (i.e., Raise Hand) function within the electronic meeting Conference System. Members participating in-person will use the Council Chamber request to speak (RTS) system. 3.3 The clock in the Council Chamber will be the mechanism to assist in timing speaking times and will be logged into the electronic meeting so it is visible to all electronic participants and the livestream. 4. Voting 4.1 If no recorded vote has been called, the Chair will facilitate the vote by members participating in-person and electronically raising their hands, then indicating if the vote has been "Carried", or "Lost". The vote will be indicated as such in the minutes. 4.2 If a recorded vote has been called, votes will be taken first by those in-person using the voting technology in Chamber. Once the voting has been closed, the Chair will conduct a roll call of the members participating remotely to record their vote. Once the roll call has ended the vote will be displayed and the Chair will state the results of the vote including the roll call and it will be reflected in the minutes. 4.3 For Members not participating in-person or video conference, the Chair will establish the means by which members cast their vote. 5. Accessibility 5.1. The electronic agenda will be posted on the website in accordance with the Procedure By-law. 5.2. Livestreaming will continue and archived videos of meetings will continue to be available on the website. Note, livestreaming has a delay of approximately 45 seconds. 5.3. Legislated Services staff will monitor the livestream throughout the meeting to Page 64 of 65 Attachment A to COR-2022-154 .,4NTcHENF-R ensure that is functioning. 5.4. In the event that there is a service disruption with the livestream the Chair will be notified and the meeting will be paused. 5.5. Legislated Services staff will undertake troubleshooting to ensure the livestreaming can be resumed. 6. Conclusion of the Meeting 6.1. At the conclusion of the meeting, the host computer will end the meeting and all participants will be disconnected automatically. Page 65 of 65